IN THE HIGH COURT OF KARNATAKA AT BANGAI DATED THIS THE 2ND DAY or NovEMBE;§;f , BEFORE THE HON' BLE MR. JUSTICE 13;SREEN?[:VAi§Ii:'V:£if()x\5fI'£31A V' Miscellaneous First Appeal Nd. df ._ Between Sri. Gopal Reddy, . S/0. Late Thippa Reddjr, ; _ . Aged about 51 years, Residing at N022, 4%-VC.ro*ss; Shivarama Re'-tldy Leiyoutfi Bommanahi;11i;f'd ., V Bangalore -- V. K Appeliant Reddy, Adv.) S:-i. Cheezhiya, M. " ' 3-S_/d.._Sri. Mfithuswajny. ~ ..vMajo_f;~.Dinesh 11121111, ' Crass, Geetha Road, F1013'? District m»-- 563 122. x 2. H 'The Divisional Manager. New India Assurance Co., Ltd., (1.0. XI, Tower Block, Unity Building, J. C. Road. Bangalore -~ 580 002. Respondents
(By Sri. G. N. Rajendra, Adv. for R2.
R1 – Served}
%'”‘
This MFA is filed U/S. 173(1) of MV Act against
the Judgment & award dated 26/08/2008 passed’ in
MVC No.6485/07 on the file of 141″ Additional, Jiidge,
Court of Sinai} Causes, Member, MACT,_.§’__Bang.a1_or;e;”p_
partly aliowing the claim petition for compenstaitionn» «St ”
seeking enhancement of compensation. 9 ” ‘
This appeal coming on for Admissi_on._”‘
the Court, delivered the foll,o_w”ir1g’.’ 0 ‘
Junoflfiflihl”
This appeal lay. ::’th_:eV”_clairnant seeking
enhancemerrtoif V’ ‘
2. vH_earde.V,’::’-‘i*;heV” adniitted and with the
consent-_of Alearnefd -appearing for the parties, it
is takenxip for”final disposal.
‘S’: 0′ 1F’.or’l’the sakeof convenience parties are referred to
1 was tlieyt_a1’eV”re_ferred to in the claim petition.
4.42 .. facts of the case are:
That on 28.06.2007 when the claimant was
Vfproceeding on his motorcycle bearing registration
No.KA–5l JW 6638 on V. Kota — K.G.F. main road in
front of Milk Dairy at Vaddarahalli a bus bearing
Qfi
registration No. TN 345 AA 1879 came in a rash-..gand
negligent manner and dashed against his
as a result the claimant sustained grievbusvinjuriest V’
Hence he filed a claim petition
seeking compensation of ‘aI°1d
Tribunal has awarded co1npe:nsation~.v_of– V
with interest at 8% ..
5. As there.is»no r:e’gaarding.Voccurrence of the
accident,;’negligen’ce the Insurer of the
offending» tl’1e”–. only”‘V~point that remains for
consirifirlatioii. ‘= . lg V
i’vJne:hef”ith;§ compensation awarded by
the Vfl’ribu’1’1a_..l.._i.s’ just and reasonable or does it
ca11_fo_1f enhancement?
helaring the learned Counsel appearing for
parties and perusing the judgment and award of the
2 A””i”ri.bunal I am of the View that the compensation
ugawarded by the Tribunal is not just and reasonable, it
is on the lower side and therefore it is deserved to be
enhanced.
7. As per Wound certificate Ex P 6 the claimanthas
sustained the following injuries:
9
i) Lacerated wound over right knee
sutured: 9 . -. . p
ii] Lacerated wound over riglit elbow? :3__ c1::-fr.
and fingers 2 XV3 cm. sutured: pp *
X–ray shows «~ commininted V right
patella; fracture of of Vproicimal and
middle phalanx ringfirage–r phalanx
middle him are also
evider_1_t__pf1€’o._rni’ P 7. Lab report Ex
P -Xérays EX. P 16 8: P 18, case
sheet l33′:»:,_ P17′ and .-sfiupfported by oral evidence of the
claimant aridathe doctor examined as PWS 2. l and 2
__ PW 2 Dr. Prakashappa TH. an
if ” o1’thopaepdic;='”sffsurgeon at Sanjay Gandhi Hospital.
Bfanpgxalore has stated that he found comminuted
if fractiire of right patella and fracture of lateral right
condyle femur. fracture proximal middle phalanx of ring
finger and fracture middle finger. He further stated
that immediately POP above knee slab was applied and
@
8. Considering the nature of injuries, ?.45′,’£_)>00/–
awarded by the Tribunal towards pain
on the lower side and it is deserved to
another sum. of $5,000/– and izhiayxrlardrilgi
this head.
9. As 145,520/– awardedidby the .fi_’ril3:¥;1nalH”to\’w.rardsVV
medical expenses V ‘rnedical bills
produced for the no scope for
enhancement’ ‘ ‘V at V
10. mg. iapaaeiit in Sanjay Gandhi
the sarae ?. 10,000 /-
awarded towards incidental expenses
such as lloonveyarice: nourishment and attendant
proper and there is no scope for
. ei_1hAanseerx1efnt”’under this head.
11. ,.__’1’he7AclaiIr1ant claims that he is working as a
.. Lecturer in Geography at Sardar Vallabha Bhai Patel
‘ “xiil3’1″éAscriptions–UniVersity College, Sarjapura, Anekal and
getting salary of $20,876/– pm. as evident from salary
is’
13. Considering the nature of injuries ?.15.,~~O_00/–
awarded towards loss of expectation of life is
proper and there is no scope for enhancernentvlundeér
this head.
14. Thus the claimant”lis”–~,entitled
compensation:
1) Pain and ‘suffering ; 2″ 50,000/-
2) Medical expenses’ V __ .-3′. 45,620/–
3) Ineidentailliexpensese»._ 1 3. 10,000.
4) Loss-of ainei=f1ities° _’ as r 40,000 /-
5) Loss. ex.pe_(“:tatior1–fvoflife ? 15,000/–
“”” 2′. 1.60.620]-
15. is -allowed in part. The
judgment ilandfiaivard of the Tribunal is modified to the
hereinabove. The claimant is entitled for
T’.at-.__«tota’l~_..v.__eornpensation of ?.1,60.620/- as against
— awarded by the Tribunal with interest at
V ” 6% on the enhanced compensation of ‘\”.15,000/–
the date of claim petition till the date of
realisation.
16. The Insurance Company is directed to deposit the
enhanced compensation with interest v\.’Vv.’_i’t’}’.1V1″V’n:F.’t\?ir’V()
months from the date of receipt of a
judgment and the same is oifdefed be-1}_’e’lea_Vsed in
favour of the claimant.
No order as to post.